April 10, 2019

Can the Landlord be too early?

1. I recently represented the landlord in a protracted tenancy dispute in the County Court.  After three hearings, a single issue remained to be decided: whether the landlord had satisfied the requirement of s.213(6) of the Housing Act 2004, in circumstances where the tenant contended that the prescribed information had been provided too early. 

The statutory framework 

2. Sections 213 and 214 of the Housing Act 2004 (as amended by the Localism Act 2011) pro...

February 11, 2019

A revival of the rule in Pigot’s Case? 

1. In Grove Park Properties Ltd v The Royal Bank of Scotland [2018] EWHC 3521 (Comm), the Claimant borrower sought to rely on the rule in Pigot's Case (1614) 11 Co. Rep 27 that a material alteration in a deed will render it void, and on what was said about this by Lord Kenyon CJ in Master v Miller (1791) 4 TR 320 at 329 when the principle was extended to “all written instruments”. 
2. As Chitty on Contacts 33rd edn., 2018, para.25-020 puts it: “If a pro...

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